[WSBAPT] Question about remote notary

Tue Apr 7 13:12:31 PDT 2020

Unfortunately I don’t think that is not going to fly since you have to use “communication technology” approved by the Director of Licensing.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeannie OBrien
Sent: Tuesday, April 7, 2020 12:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about remote notary

How about this? 

If I meet with a client on Zoom or Facetime, review the Will with him/her, and bring in two witnesses to the virtual meeting (that are with me in my office) to witness the testator’s signature? Perhaps instruct the testator, upon the direction of the witness, to mark an “X” in the signature box above the witness’ printed name, and then I notarize the witnesses’ signatures on a separate attestation page. Does anyone think that will be a validly executed Will? The definition of “same room” would be expanded during the pandemic to include a virtual meeting. 

So many clients in my practice are very anxious about finishing their estate planning, and more are calling every day. 

Jeannie O'Brien, Attorney

www.SelanderOBrien.com <http://www.selanderobrien.com/> 

3829C South Edmunds Street

Seattle, WA 98118

(206) 723-8200 ofc

(206) 723-3829 fax

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ronda Larson Kramer
Sent: Tuesday, April 7, 2020 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

I thought that at first but Nestor’s emails have me reconsidering. The new WA RON statue says a “WA notary” can do RON. The point of the new law is to let us WA notaries do RONs.  It doesn’t say anything to prohibit a Florida notary from doing a RON for a person in WA. And the full faith and credit clause would apparently give the RON by a Florida notary legitimacy in WA. 

Ronda

Sent from my iPhone

On Apr 7, 2020, at 9:54 AM, Candace Wilkerson <cwilkerson at wongfleming.com <mailto:cwilkerson at wongfleming.com> > wrote:

But we still can’t get around the WA requirement for WA-licensed notaries unless such a notary is licensed in both Florida and Washington, right?

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Nestor Gorfinkel
Sent: Tuesday, April 7, 2020 7:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

They have witnesses that join the platform

Nestor Gorfinkel, Esq.- Sent from my Samsung Device

-------- Original message --------

From: Christie Martin <christie at cascadialawyers.com <mailto:christie at cascadialawyers.com> > 

Date: 4/6/20 17:49 (GMT-08:00) 

To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> > 

Subject: Re: [WSBAPT] Question about remote notary 

And what about the witnesses….

Christie L. Martin | Martin & Richards, PLLC

Attorney at Law

B: 503-444-3449

C: 503-545-9199

F: 360-637-0300

From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Maureen Wickert <wickertlaw at comcast.net <mailto:wickertlaw at comcast.net> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Saturday, April 4, 2020 at 12:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

https://www.americanbar.org/groups/business_law/publications/committee_newsletters/banking/2019/201907/fa_2/   

The above website by ABA provides some insight into RONs.  

There seem to be electronic endorsed notaries who notarize electronic documents online where everything is digital, including digital signatures.  

A RON notary and the signer is in two physical places but connected through an audio/visual platform at the same time during the signing. My understanding with RON and looking at the revised RCW 42.45 and WAC 308-30 the notary must be commissioned with an electronic endorsement here in WA.   My question is if a person signs in front of a RON notary, does the signer mails his or her signed originals to marry up with the RON’s certificate for a complete document? Or will the Ron expect to mail his or her certificate to the signer to marry up with the original signed document?  Not sure what other procedures people have thought about.  

I looked through some videos too about RONs.  My worry that RON may create confusion with clients to make it practical. Especially those who are computer or internet challenged.  Those who are internet savvy will not have a problem. 

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

     www.wickertlawoffice.com <http://www.wickertlawoffice.com/> 

       wickertlaw at comcast.net <mailto:wickertlaw at comcast.net> 

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ronda Larson Kramer
Sent: April 4, 2020 11:52
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

One thing I have recently realized (please correct me if I'm wrong) is that for RON to work, you need not have a Washington notary involved. It seems to me that all our clients need to do right now to execute a power of attorney or deed, etc., is to go online to one of these companies like NotaryCam or Safedocs (that the DOL listed) and have them notarize the document (for a fee of around $25). All their RON notaries for that self-serve option are commissioned in Virginia, which was the first state to authorize RON in 2012. Full faith and credit laws are already existing in most of the states regarding notaries and the federal government apparently is enacting one for RON in the next few days that is nationwide. At least this is what I heard from a webinar by NotaryCam today.

Ronda Larson Kramer

J.D., LL.M in Tax Laws, Owner

LARSON LAW, PLLC

Elder Law, Estate Planning

1700 Cooper Point Rd SW, Bldg A3

Olympia WA 98502

Ph: 360-259-3076

 <mailto:ronda at larsonlawpllc.com> ronda at larsonlawpllc.com

 <http://www.larsonlawpllc.com/> www.larsonlawpllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Ronda Larson Kramer <ronda at larsonlawpllc.com <mailto:ronda at larsonlawpllc.com> >
Sent: Friday, April 3, 2020 4:02 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary 

Correct--the Department of Licensing has not even figured out which companies are approved as the platform for remote online notarization. DOL stated in an email to me yesterday:

Given the immediate effect of the remote notarization, the department has not had time to vet individual companies, however we are aware of the following companies offering remote notarization services. 

•          DocVerify

•          Notarize

•          NotaryCam

•          Pavaso

•          Safedocs

•          SIGNiX

•          Nexsys Clear Sign

Ronda Larson Kramer

J.D., LL.M in Tax Laws, Owner

LARSON LAW, PLLC

Elder Law, Estate Planning

1700 Cooper Point Rd SW, Bldg A3

Olympia WA 98502

Ph: 360-259-3076

 <mailto:ronda at larsonlawpllc.com> ronda at larsonlawpllc.com

 <http://www.larsonlawpllc.com/> www.larsonlawpllc.com

NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.

  _____  

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of nestor at pplsweb.com <mailto:nestor at pplsweb.com>  <nestor at pplsweb.com <mailto:nestor at pplsweb.com> >
Sent: Friday, April 3, 2020 12:18 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary 

Quite frankly, when he issued this executive order, I thought there is no way this can be implemented in such a short time for this brief window of use. Unless I am mistaken, did the Department of Licensing’s Notary Public unit approve companies and their platform? Are procedure in place and notaries approved and trained in these platforms?

To me this was a well-intentioned knee jerk reaction not carefully thought out.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Jamia Burns
Sent: Friday, April 3, 2020 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Question about remote notary

You also need a special license from the state specifically for electronic notarization, which requires special software. 

Jamia S. Burns
Attorney at Law - Estate Planning 
360-739-6379
www.jamiaburnslaw.com <http://www.jamiaburnslaw.com> 
jamia at jamiaburnslaw.com <mailto:jamia at jamiaburnslaw.com> 
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Fri, Apr 3, 2020, 11:52 AM Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> > wrote:

Governor issued order advancing to effective date to now. However if I recall correctly it was only through April 26th. Might be wrong on that.

Sent from my Verizon, Samsung Galaxy smartphone

Get Outlook for Android <https://aka.ms/ghei36> 

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of John Yip <johntyip at gmail.com <mailto:johntyip at gmail.com> >
Sent: Friday, April 3, 2020 11:26:39 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>  <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Question about remote notary 

Are remote notarizations (e.g. via teleconferencing, etc.) allowed under Washington State law, and if so, can someone please provide me a cite or link to the authorization?  I found RCW 42.45.280, which allows remote notarizations, but unfortunately, that statute does not take effect until October.

Thanks,

John

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